2 questions - My Income and what constitutes a dependent child

[Boracay]

Hi everyone....wow I've been reading so much on this site and all the forms so much I feel like I should apply to be a consultant! haha not really ;D

But I do have a question/concern.

By the time we submit our application I will have resided in The Philippines for 15 months. That means I will have had no income for that time period. ugh!! I arrived here with a whole lot of cash and by the time we submit I will have pretty much nothing....yikes!

But I do have a great well paying job waiting for me at home

I've read on this site that our application for our common law permanent residence will be denied solely on income.
But this Guide 3900E says this....

Page 8. Who can sponsor?
-you have an income that is at least equal to the minimum necessary income, the amount of
which is published yearly by the Canadian government.
You will have to provide us with documents that show your financial resources for the past
12 months and prove you are financially able to sponsor members of the family class. You
may solicit the help of a co-signer (must be your spouse or common-law partner).
This condition does not apply if you are sponsoring only
· your spouse, common-law or conjugal partner who has no dependent children

Hmmm I may have figured it out already but will post this anyone just to make it clear.

I am hoping to sponsor my common law partner only. So maybe this condition does not apply but
she does have a daughter, however her daughter lives in another province with her grandparents (My partners parents) I presume that means she is not considered dependent?

If she is not considered dependent. Do we mention her daughter on any of the other forms.

If she is still considered dependent. Will my lack of income in the last yeah pose a problem?

*Note* From time to time we send her family money which naturally helps towards family needs which includes her daughter. However they are not dependent on this, it's more of a gesture of good will.

Thanks everyone!

 

[CharlieD10]

A dependent child is a member of the family under 22 when the application is filed, that includes step-children. So, yes, your partner's daughter will be considered her dependent child. Although she is non-accompanying, you will be required to make her available for a medical examination, and to list her on the forms as your partner's child.

Yes, your understanding is correct, sponsoring a spouse/partner exempts you from needing to meet the Low Income Cut-Off (LICO) guidelines. You still need to show you are capable of providing for her basic needs (food, clothing, shelter, medical not covered by health services), so you need to provide proof of your job prospects, and show you are not in receipt of social assistance except for disability and are not an undischarged bankrupt.

 

[Boracay]

Yes, your understanding is correct, sponsoring a spouse/partner exempts you from needing to meet the Low Income Cut-Off (LICO) guidelines. You still need to show you are capable of providing for her basic needs (food, clothing, shelter, medical not covered by health services), so you need to provide proof of your job prospects, and show you are not in receipt of social assistance except for disability and are not an undischarged bankrupt.

OK no problem with the job prospects.

You mention that sponsoring a spouse/partner exempts me from needing to meet the Low Income Cut-Off (LICO) guidelines.

However the Guide 3900E Page 8 states...

This condition does not apply if you are sponsoring only
· your spouse, common-law or conjugal partner who has NO dependent children

Since she DOES have a dependent child. Wouldn't that mean I am NOT exempt?

I hope not =) As I don't have any earnings since June 2010

 

[CharlieD10]

Here's where you need a comment from one of the seniors, because I would understand it to mean that since the child is non-accompanying and you are only sponsoring your spouse, you would still be exempt. However, it may be that the Regulations do not allow for that interpretation, and so you would need to meet the LICO since she has a child, regardless of your intention not to sponsor the child.

Maybe one of them will chime in and help us out here.

 

[Kedeisha]

wow i need to know the answer as my application will have a non accompanying child n i jsut started working so hope i qualify

 

[canadianwoman]

The full quote is this:
"This condition does not apply if you are sponsoring only
◦your spouse, common-law or conjugal partner who has no dependent children, or
◦your spouse, common-law or conjugal partner whose dependent children have no children of their own, or
◦your dependent child who has no children of his or her own."

Your situation is number two above: you are sponsoring a common-law partner whose dependent child does not have a child of her own. So you do not have to meet the income requirements.
Send in the proof of the well-paying job you have waiting (or proof you have already started working there, if you go home before the application is sent) with the application to show that you will be able to provide for your family - because applications can be rejected if the visa officer does not believe the sponsor can support the family. But you don't need a certain level of income.

A 'dependent child' for the purposes of immigration is not a child who is actually financially dependent on you. If the child is not yet 22, he/she is a dependent child (with some exceptions). You must mention your partner's on the application, and have her medically examined.

 

[Kedeisha]

thanks for ur answer canadianwoman hopefully wen i start my application in september i get approved by november so will c

 

[Boracay]

Great thanks Canadian Woman.

◦your spouse, common-law or conjugal partner whose dependent children have no children of their own

We fall into the category since her child is only 2 haha

by the way what exactly does a medical examination for her daughter involve?
It's no problem but we are curious.

Due to the fact she lives in a small village in another province would mean we'd have to travel by bus a long distance, pick up the child and then travel by bus with the child a long distance to the closest certified medical examiner.
Once again no problem but we should probably explain to my partner's parents (the caretakers), exactly what is involved in a medical examination so they don't jump to conclusions. They're very traditional and believe in more traditional medical practices.

 

[canadianwoman]

The medical exam for immigration is very quick - it is not as detailed as a real medical checkup would be. They test blood and urine, and do a chest x-ray. Then they will ask general questions about any health conditions. For a child who is only 2, I don't know if they would do a chest x-ray or not.

 

[PMM]

Hi

The medical exam for immigration is very quick - it is not as detailed as a real medical checkup would be. They test blood and urine, and do a chest x-ray. Then they will ask general questions about any health conditions. For a child who is only 2, I don't know if they would do a chest x-ray or not.

1. For a child of 2 there is no x-ray, no blood tests, no urinalysis Just a general check of heart lungs and counting of arms and legs.

 

[Kathy Nguyen]

Hi all,

This site has been so helpful to me since we started doing the searches for the upcoming sponsorship application. My husband is a constructor who work independently but when he was single his earning was enough not to pay tax (lower than 8,000.00 per year). Since we married on April 2011, he started thinking to earn more money to support myself and our future kids. Therefore, he is looking at opening a business name with license and bank account active at his Bank in order to sigh the contract with his clients. With the hope that we can get as much money as he want. We are planning to apply the forms beginning of June but I still doubts and my question here are:

+ Is that too risky if we apply the sponsor and permanent card but the proof of my husband's financial is too weak.
+ Is that possible to send the supporting papers with his new business license and Bank account, will it be accepted? Or do we need minimum (at least) the length of business running time so that they (Immigration) will trust.

Thanks all for your quick reply
Kathy

 

[canadianwoman]

He can apply to sponsor you even with a low income - sponsors with no income sometimes get accepted.
Sending in the proof of his new business is good - the visa officer will want to see that you two can support yourselves in Canada, so showing he has a business, even if new, will help show that you two are planning your future together and that he is making efforts to make more money,

 

[Kathy Nguyen]

Thank Canadianwoman for your prompt reply and your valued suggestion. I just told him so and he looks confident now

Would you mind if I ask you something else regarding our application? I am now in a mess of inland status. I was here last year holding my visit visa. I have already been here for 6 months and before 2 months my visa expire, I applied for visa extension with the reason that I want to spend more time with my sister's family for Summer. Everything had changed when my boyfriend (was then and now my husband) proposed me and did not want me to leave. We decided to marry and live together just in one month. The thing here is, until now I still haven't heard anything from CIC. Do you think if there is any problem with it? Should we go ahead to apply the sponsor application despite of "no news" from CIC?

Thanks again for your help

 

[rjessome]

Thank Canadianwoman for your prompt reply and your valued suggestion. I just told him so and he looks confident now

Would you mind if I ask you something else regarding our application? I am now in a mess of inland status. I was here last year holding my visit visa. I have already been here for 6 months and before 2 months my visa expire, I applied for visa extension with the reason that I want to spend more time with my sister's family for Summer. Everything had changed when my boyfriend (was then and now my husband) proposed me and did not want me to leave. We decided to marry and live together just in one month. The thing here is, until now I still haven't heard anything from CIC. Do you think if there is any problem with it? Should we go ahead to apply the sponsor application despite of "no news" from CIC?

Thanks again for your help

Yes, go ahead. You are on implied status because you applied before you current permit expired. You will probably get the response from CIC in another month or two.

 

[Kathy Nguyen]

Hi all,

Thanks a lot for your recommendation. I hope will get my visa granted next month so that I can go ahead to base on that to apply an open work permit and the sponsor application. I will up to date if I have any further news.

Good luck to all of you